70CMSW24R00000008 Attachment 1 RFP for Amendment 2.pdf

Attachment 1

RFP 70CMSW24R00000008

ICE Soft Body Armor

REQUIREMENT: FY24 ICE SOFT BODY ARMOR Re-Compete ICE RFP# 70CMSW24R00000008 (Attachment 1)

UPDATED: IAW Amendment 2 dated 5/6/2024

This is a solicitation for commercial products prepared in accordance with the format in FAR subparts 12.603 and 5.203. This announcement constitutes the only solicitation that requests proposals and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-03 dated February 23, 2024, 15 Homeland Security Acquisition Regulation (HSAR) thru July 21, 2023, and Homeland Security Acquisition Manual (HSAM) through 2024-03 thru 29 March 2024.

I. GENERAL INFORMATION:

Background: The Department of Homeland Security (DHS)/Immigration Customs Enforcement (ICE) is the largest federal law enforcement agency. ICE’s mission includes preventing terrorism and enhancing domestic security, managing our borders, administering immigration and customs laws, and securing cyberspace. In support of these missions, ICE agents perform a wide range of law enforcement functions throughout the United States. A critical part of the effective performance of these ICE missions is supplying agents in the field with high quality body armor that allows him/her to perform their law enforcement duties safely and effectively.

Requirement: The scope of this requirement is to procure body armor which is certified by the National Institute of Justice (NIJ) as concealable threat level IIIA body armor with enhanced ballistic resistance in support of the U.S. Immigration and Customs Enforcement (ICE), Office of Firearms and Tactical Programs (OFTP). The body armor shall be highly scalable, torso protective body armor kits that are functional to wear and protect agents from potential hazardous “ricocheting” projectiles while not impeding law enforcement functions required during duty performance. All body armor must meet ALL specifications in accordance with (IAW) the Statement of Work (SOW).

North American Industrial Classification System (NAICS): The associated NAICS code for this requirement is 315990, Apparel Accessories and Other Apparel Manufacturing.

Product Service Code (PSC): The associated PSC is 8470, Armor, Personal.

100% Small Business Set-aside Procurement: This acquisition is being solicited as a 100% Small Business set aside. The Government will consider and evaluate proposals from Small Businesses under NAICS code 315990.

II. INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ):

Type of Contract: IAW FAR Parts 12 and 15, ICE intends to award up to two (2) IDIQ awards but reserves the right to make one award if it is in the best interest of the Government or no award if it is not advantageous to the Government to make an award. As a result of the IDIQ base award(s), firm-fixed-price (FFP) Delivery Orders (DO) will be issued against the IDIQ(s) during their Period of Performance (POP). If the Government decides that it is advantageous to make multiple IDIQ awards, then those awards will be made to the offerors that represent the best value to the Government.

Period of Performance: The ordering period of the anticipated IDIQ contracts is the date of award through 60 months from the date of award (5 years total). Delivery Orders (DOs) may have a period of performance of 12 months beyond the last day of the contract’s ordering period.

A DO may be placed against the contract on or before the last day of the contract’s ordering period.

Each IDIQ award will include five (5) ordering periods, as follows, and individual item prices will be proposed for each ordering period in Attachment 3- Pricing Schedule:

Base Period: 12-month period from date of award Ordering Period 1: TBD- Next 12-month period Ordering Period 2: TBD- Next 12-month period Ordering Period 3: TBD- Next 12-month period Ordering Period 4: TBD- Next 12-month period

Guaranteed Minimum: The Government will guarantee the first Delivery Order of $250,000.00 for each IDIQ base award made (Maximum of 2 IDIQ awards).

Maximum Ordering: Under this contract(s), the Government ceiling of acquiring supplies is not to exceed (NTE) $49,500,000.00 in obligations for all IDIQ awards in total (when combined if applicable) over the full Period of Performance. This figure represents a shared ceiling amount among all IDIQ base award(s) with a maximum of two (2) IDIQ awards under this RFP requirement.

Delivery Terms: Delivery is free-on-board (FOB) Destination to numerous DHS component locations within the Continental United States (CONUS) and its territories including Alaska, Hawaii, Guam, the Northern Marianna Islands, Puerto Rico, and the U.S. Virgin Islands in accordance with the Statement of Work (Refer to Attachment 2). Specific delivery destination will be specified at the Delivery Order level.

Individuals authorized to purchase under the IDIQ: Any warranted ICE Contracting Officer (CO) may compete, and award DO against the IDIQ vehicle(s). In addition, the IDIQ CO has the overall responsibility for the administration of the terms and conditions of the IDIQ. The IDIQ CO maintains IDIQ oversight, establishes ordering guidelines (Attachment 5 – IDIQ Ordering

Guide), and provides support to the program office, and issues modifications as needed. The CO is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Delivery Orders (post award of the IDIQ award(s): The Contractor shall provide adequate commercial packaging and marking for shipping and delivery of all equipment ordered for receipt in undamaged condition. Containers and closures shall comply with Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

At a minimum, each DO shall include the following information from the IDIQ awardee(s) to the Government:

- Contractor Name and Full Address

- Contractor Unique Entity Identifier (UEI)

- IDIQ Base Number/DO Number

- Itemized list of commodities being provided

- Quantity and Unit Price for each item

- POP of the DO and estimated deliver date of items

- Total Price

Warranty: Unless specified otherwise in the agreement, the Contractor’s standard commercial guarantee/warranty as stated in the contractor’s commercial price list will apply.

III. Proposal Submission Dates:

QUESTIONS to the RFP: Questions concerning the Request for Proposal (RFP) shall be submitted via e-mail, no later than Wednesday, April 24, 2024, at 5:00PM Eastern Standard Time (EST) to Tony.Ross@ice.dhs.gov . Offerors shall cite the attachment number, section, paragraph, and page number of the document that their question pertains to. Answers will be provided to all prospective offerors, giving regard to the proper protection of proprietary information. U.S. Immigration and Customs Enforcement (ICE) recommends that offerors ensure questions are written to enable a clear understanding as to the offeror’s issues or concerns.

Questions should not contain incorporate presumptions, presume facts or mischaracterize the scope and nature of this solicitation. Statements or questions expressing opinions, sentiments or speculative conjecture are not considered valid inquiries or comments for this purpose and will not receive a response from ICE.

FINAL PROPOSALS (Volumes II, III and IV) DUE DATE: Proposals shall be received no later than Friday, June 21, 2024, at 5:00PM EST to Tony.ross@ice.dhs.gov to be considered for award. Please refer to this combined synopsis/solicitation (RFP), as well as other relevant FAR Clauses, Provisions, HSAR Clauses, and Terms and Conditions, for additional submission instructional and evaluation procedures.

mailto:Tony.Ross@ice.dhs.gov mailto:Tony.ross@ice.dhs.gov

SAMPLES (Volume I) DUE DATE: Body Armor samples shall be received no later than Friday, June 21, 2024, at 5:00PM EST to the following OFTP address:

Office of Firearms and Tactical Programs (OFTP) 6760 Upton Ave, BLDG 234 Attn: Michael S. Lavergne

Fort Moore, GA 31905

IV. Proposal Content and Submission Instructions:

NOTE: LATE PROPOSAL SUBMISSIONS WILL NOT BE ACCEPTED OR

EVALUATED

PROPOSAL CONTENT:

Offerors are cautioned to review the RFP carefully and ensure that the proposal submitted is fully responsive and complies with all requirements of the RFP. Each proposal shall clearly demonstrate that the offeror understands the overall and specific technical requirements of the SOW. The offeror shall provide the requested past performance and pricing information as specified in this solicitation. Failure to address all requirements of the RFP in the proposal may result in the proposal being removed from consideration for award by the Government. Clarity and completeness of the proposal is of the utmost importance. The proposal shall be written in a practical, clear, and concise manner. It shall use quantitative terms whenever possible and shall avoid qualitative adjectives to the maximum extent possible. Proposals shall be legible, single-space, type-written in a type size not smaller than an eleven (11) point font, on paper not larger than eight-and-one-half-by-eleven inches, with margins of no less than 1” by 1”.

Amendments: Any changes to a proposal made by an Offeror after its initial submission shall be submitted following the same instructions in this section for the appropriate volume to the address specified herein. Changes shall be described in summary format and the changes/replacement pages shall be clearly identifiable. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The Offerors shall include the date of the amendment at the bottom of the changed pages.

PROPOSAL SUBMISSION INSTRUCTIONS:

IAW FAR 15.203 (Requests for Proposals), the offeror’s proposal must be submitted in FOUR

(4) separate volumes: Volume I – Technical Samples (Sent to Fort Moore, GA); Volume II – Technical Approach; Volume III - Past Performance; and Volume IV – Pricing. Each of the volumes shall be separate, thoroughly organized and complete so that an evaluation of each may be accomplished independently and simultaneously.

Volume I submissions shall be sent direct to the OFTP Fort Moore, GA address detailed below under “RFP 70CMSW24R00000008 Body Armor Samples to OFTP.”

Volumes II, III and IV submissions shall be labeled “RFP 70CMSW24R00000008” and sent directly via Electronic Email (e-mail) ONLY to ICE Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

All electronic e-mail proposals shall be provided in MS Word Version 2010 or later, MS PDF Version 2010 or later and/or Excel Version 2010 or later. Facsimile proposals are not permitted and will be disregarded if received. Failure to provide any required documents may result in the proposal being removed from consideration for award by the Government.

Volume I- Technical Samples

SOLICITATION SAMPLES TO OFTP (Fort Moore, GA)

In conjunction with submissions to this RFP, offerors shall send the following to the OFTP address below: (a) Twelve (12) Level IIIA Soft Body Armor KITS (see below for sizing requirements), and (b) Five (5) 12” by 12” test ballistics panel. The KITS and test panels are at no cost to the government. The body armor kits and test panels will undergo qualification testing to ensure that it meets or exceeds the standards as stated in the SOW. OFTP personnel will perform the qualification testing on all items submitted and body armor/testing panels will NOT be returned to the Offeror.

• Offerors are to send TWELVE (12) Level IIIA Soft Body Armor Kits and FIVE (5) 12” by 12” TEST BALLISTICS PANELS to:

Attn: Michael S. Lavergne

Office of Firearms and Tactical Programs (OFTP) 6760 Upton Ave, BLDG 234

Fort Moore, GA 31905

• SIZING: The TWELVE (12) total KITS will consist of THREE (3) Male size LARGE, THREE (3) Male size XLARGE, THREE (3) Female size LARGE and THREE (3) Female size XLARGE.

• TEST PANELS: FIVE (5) 12” by 12” test ballistic panel made of the same material and structure method as the Ballistic Panel submissions IAW with the Level IIIA Soft Body Armor KIT (will be used for weight and thickness evaluations)

KIT: ONE (1) Level IIIA Soft Body Armor KIT consists of the following:

• Soft NIJ Certified Level IIIA Soft Body Armor Ballistic Panels (Front panel with enhanced ballistic protection and Back panel)

• Shall be in color RANGER GREEN

• Tactical Outer Garment Carrier Kit per SOW

• Concealable carrier’s kits per SOW (1) Black and (1) White

• Carrier Bag

• One (1) Ancillary Soft Kit in Ranger Green consisting of the following:

1. ONE (1) Collar Protector

2. ONE (1) Throat Protector

3. ONE (1 pair) Bicep/Deltoid Protectors

4. TWO (2) Lower Abdominal Protectors

5. TWO (2) Lower Back Protectors

6. ONE (1) Groin Protector

• Accessory Pouches consisting of:

1. ONE (1) Double P320 (side by side) 9mm handgun magazine pouch per SOW

2. ONE (1) Triple (side by side) P320 9mm handgun magazine pouch per SOW

3. ONE (1) Double (stacked) M4 magazine pouch per SOW

4. ONE (1) Radio Pouch per SOW

5. ONE (1) Handcuff pouch per SOW

6. ONE (1) Large utility pouch per SOW

7. ONE (1) Small utility pouch per SOW

8. ONE (1 pair) side ballistic plate pouches

• One (1) Stand-alone Ancillary Scalable Assaulters Plate Carrier sized to kit

IMPORTANT NOTE: Offerors are to send the following information to OFTP with their Kit:

• Hard Copies of all NIJ lab testing certifications from a NIJ Certified Independent ballistics testing facility.

• Manufacturer Specification sheets.

• Proof of Current Liability insurance in the amount of at least $5,000,000.00.

• Link and instructions to active/verified WEBOS system capable of uploading excel documentation.

• Documentation to Instructional video link on care, use, proper fit, and how to don and doff armor kits.

• Hard copies of documentation covering care, use, proper fit, and how to don and doff armor kit.

• Tutorial/form explaining how your specific body armor is measuring for size in both Male and Female Kits.

Volume II- Technical Approach

This section shall be limited to TEN (10) pages total and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov. The Offeror shall provide a brief description of the technical approach to providing the proposed body armor identified in the SOW.

Volume III- Past Performance

This section shall be limited to FIVE (5) pages total, and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

The offeror shall identity three (3) ongoing or successfully completed projects performed by the offeror or its Subcontractors that demonstrate recent and relevant past performance. Recent is defined as within the last five (5) years from the date proposals are due. Relevant is defined as law enforcement commodities similar in scope, complexity, magnitude, and financial impact to the body armor requirement identified in the SOW to support OFTP. For ongoing projects, at least 50 percent of the contract funding for the period of performance shall have been expended by the date of submission of the proposal.

A past performance questionnaire is provided as Attachment 4 to the RFP. The offeror shall forward this questionnaire to each of the references provided and request the response be submitted directly to the address specified for receipt of responses by the due date of the solicitation.

Volume IV- Pricing

Offerors shall complete and return an excel copy of Attachment 3- Pricing Schedule - directly via Electronic Email (e-mail) ONLY to the CO, Tony Ross at Tony.Ross@ice.dhs.gov. Pricing shall be valid for 120 calendar days after the date that proposals are due.

PROPOSAL PREPARATION COST

The Government will not pay costs incurred by any offeror in the preparation and submission of a proposal in response to this RFP. The Contracting Officer is the only person who can legally obligate the Government for the expenditure of public funds regarding this procurement.

V. EVALUATION CRITERIA:

BASIS FOR AWARD- IDIQ BASE AWARD(s):

IAW FAR Part 15.101-1 (Tradeoff process), the Government will award IDIQ contract(s) resulting from this solicitation to the responsible offeror(s) whose offer most completely conforms to the solicitation and will be the best value to the Government, price and other factors considered. This analysis consists of the evaluated body armor testing results, ability to meet all requirements of the SOW, past performance history and submitted price. IDIQ Award(s) may be made without discussions; however, the Government reserves the right to enter into discussions if it determines it is in its best interest to do so.

The RFP Factors are as follows:

• Factor 1- Technical Approach- Testing/Evaluation of Body Armor o Sub-Factor 1- Weight Evaluation o Sub-Factor 2- Thickness Evaluation o Sub-Factor 3- User Assessment Evaluation

• Factor 2- Delivery Schedule

• Factor 3- Past Performance

• Factor 4- Price

Relative Importance of Evaluation Factors:

The evaluation factors are stated in descending order of importance. Factors 1, 2 and 3 are referred to as non-price factors. Non-price factors (when combined) are significantly more important than Price. As the non-price evaluation factors approach equality, price becomes more important in making an award determination.

Factor 1 contains three (3) sub-factors that demonstrate the results from various field tests to ensure it meets the requirements of the SOW. All sub-factors of Factor 1 are of equal importance. Note that any offeror receiving an UNACCEPTABLE rating for any non-price Factor or Sub-Factor will not be evaluated further and not will not be eligible for award.

If two or more proposals are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lower priced proposal. It should be noted that award may be made to other than the lowest priced proposal if the Government determines that a price premium is warranted due to technical merits that exceed the SOW that provide additional benefits. The Government may also award to other than the highest technically rated proposal, if the Government determines that a price premium is not warranted.

If the Government decides that it is advantageous to make multiple awards, then those awards will be made to the offerors that present the best value to the Government. Awardees will then be awarded competitive delivery orders in accordance with FAR Part 16.505 (b), Orders, under multiple award contracts. Further details are provided in Attachment 5- Ordering Guide.

Evaluation Criteria for Factor 1- Technical Approach- Testing/Evaluation of Body Armor

The Government will evaluate the technical capability of the offeror to provide the body armor required by the SOW or exceeding the requirements of the SOW which provide for minimum and maximum thresholds.

An overall rating for Factor 1 will be assigned based on the combination of the three Sub-Factors test results.

FACTOR 1 submissions will be reviewed, evaluated, and assigned an adjectival rating as described in the table below:

Overall Rating Definition

Outstanding The offeror receives a rating of Outstanding for both sub factors 1 and 2 and High Confidence for sub factor 3.

Very Good The offeror receives a rating of at least Very Good for both sub factors 1 and 2 and at least Some Confidence for sub factor 3.

Acceptable The offeror receives a rating of at least Acceptable for both sub factors 1 and 2 and at least Some Confidence for sub factor 3.

Unacceptable The offeror receives an Unacceptable Rating for any sub factor or a Low Confidence rating under Factor 1. The proposal is not eligible for award.

Each Sub-Factor will be assigned an independent rating. The rating given is based on the offeror’s evaluated capability to meet and exceed the minimum thresholds, while not exceeding maximum thresholds, identified in the SOW. The Sub-Factor rating definitions are included in each Sub-Factor.

• FACTOR 1, Sub-Factor 1- Weight Evaluation

The Government will evaluate the 12” by 12” test panel made of the same material as the Ballistic Panel submissions IAW with the Level IIIA Soft Body Armor KIT. The panel will be used for a weight evaluation. The panel will be weighed separately on a scale calibrated prior to starting the assessment. The weight of each panel will be recorded (0.00 pounds) and then a weight will be calculated.

Sub-Factor 1 submissions will be reviewed, evaluated, and assigned an adjectival rating as described in the table below based on the total number of points received:

Rating Definition

Outstanding The offeror presented a Ballistic Panel that weighed less than

0.89 lbs.

Very Good The offeror presented a Ballistic Panel that weighs between 0.90 –

1.25 lbs.

Acceptable The offeror presented a Ballistic Panel that weighs between 1.26–

1.50 lbs.

Unacceptable The offeror presented a Ballistic Panel that weighs greater than (>)

1.50 lbs. The proposal is not eligible for award.

• FACTOR 1, Sub-Factor 2- Thickness Evaluation

Offerors shall send a 12” by 12” test panel made of the same material as the Ballistic Panel submissions IAW with the Level IIIA Soft Body Armor KIT. The panel will be used for a thickness evaluation. The Government will test the panel IAW the Thickness diagram below showing approximate points of measure as follows:

Thickness Diagram

Sub-Factor 2 submissions will be reviewed, evaluated, and assigned an adjectival rating as described in the table below based on the total number of points received:

Outstanding The offeror presented a Ballistic Panel that had an average thickness between 0.21 – 0.25 inches Very Good The offeror presented a Ballistic Panel that had an average thickness between 0.26 - 0.30 inches Acceptable The offeror presented a Ballistic Panel that had an average thickness between 0.31 – 0.35 inches Unacceptable The offeror presented a Ballistic Panel that had an average thickness > 0.36 inches. The proposal is not eligible for award.

FACTOR 1, Sub-Factor 3- User Assessment Evaluation

The OFTP assessors/evaluators (TET) team will consist of 6 male and 6 female qualified Federal Law Enforcement Agents for a maximum total of 12 evaluators per body armor sample received.

The TET will wear each body armor sample for approximately 6-8 hours and participate in a controlled series of scenario events (See below: Shooting and Arrest Scenario) designed to address five (5) testing categories: (1) Comfort, (2) Functionality, (3) Fit, (4) Flexibility, and

(5) Access to Duty Gear. A summary of each test is detailed below:

• Comfort- Agents will measure whether the vests are comfortable to wear over several hours to include having a balanced feel, any discomfort at pressure points on the human body while wearing, and how the weight of the vest effects their ability to move freely.

• Functionality- Agents will measure functionality related to extreme temperatures because many of ICE’s agents work in hot or humid conditions. In addition, the compatibility with other necessary equipment (such as the wearing of firearms, ability to shoot - including long-rifles- and possibly physical conflict) without undue rubbing, scuffing or wearing of skin or equipment.

• Fit- Agents will measure whether the vests fit properly (slightly snug and free from moving up and down) over several hours without exposure of vital organs or vulnerable body areas of the body (underarms). The fit should be comfortable to mimic real life law enforcement arrest situations such as running, jumping, stopping quickly and standing still.

• Flexibility- Agents will measure whether the vests are flexible to wear over several hours for the user to engage in different postures without any discomfort such as lying down on the ground, running and moving freely in and out of a law enforcement vehicle.

• Access to Duty Gear- Agents will measure whether the vests allow the users to access all duty gear in a smooth manner free from any functionality, discomfort or potential impediment issues.

TWO (2) SCENARIO EVENTS: The evaluators will test the body armor in the following two law enforcement scenarios:

• #1- Shooting Scenario

(1) Multiple Target Stress Obstacle Range – Assessors will undergo a series of shooting events including the navigation of common obstacles with pistols and carbines on the DHS ICE’s Stress Obstacle Range (Fort Moore, GA).

• #2- Arrest Scenario

(2) Practical Application – Assessors will undergo a realistic arrest scenario including room clearing.

Following the testing events identified above, the evaluators will fill out their own individual User Assessment Form which will include sections for identified Strengths, Weaknesses, Significant Weaknesses and Deficiencies addressing each of the five (5) testing categories.

Definitions for each of these discriminators are found below.

Sub-Factor 3 submissions will be reviewed, evaluated, and assigned a confidence rating as

Confidence Rating Definitions

Rating Definition

High Confidence The Government has high confidence that the offeror understands the body armor requirement, proposes a sound approach, has the necessary technical capability, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the offeror understands the body armor requirement, proposes a sound approach, has the necessary technical capability, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the offeror understands the body armor requirement, proposes a sound approach, has the necessary technical capability, or will be successful in performing the contract even with Government intervention. Any noted Deficiency or greater than 1 Significant Weakness will automatically render this Rating.

Evaluation Discriminator Definitions:

Strengths – An aspect of a contractor's proposal that has merit or exceeds specified performance or capability requirements in a way that was advantageous to the Government during contract performance. Strengths are typically high-quality personnel, facilities, organizational structures and/or technical approaches that cause the Offeror to perform the work more cost effectively or at a higher level of quality.

Weaknesses – A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness - A flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiencies – A material failure of a proposal to meet a government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. Any part of a proposal that fails to meet the Government’s requirements, as established in the RFP, and renders the proposal unacceptable, e.g., omits data, making it impossible to assess compliance with the evaluation factors or ambiguities which must be clarified before an assessment of compliance can be made.

Factor 2- Delivery Schedule

-Factor 2 submissions will be reviewed, evaluated, and assigned a confidence rating as

Outstanding Offeror has the ability to fulfill delivery orders within 90 calendar days after receipt of award (ARO) to various locations across the United States and its territories.

Very Good Offeror has the ability to fulfill delivery orders within 91-120 calendar days after receipt of award (ARO) to various locations across the United States and its territories.

Acceptable Offeror has the ability to fulfill delivery orders within 121- 180 calendar days after receipt of award (ARO) to various locations across the United States and its territories.

Unacceptable Offeror has the ability to fulfill delivery orders exceeds 180 calendar days after receipt of award (ARO) to various locations across the United States and its territories.

Evaluation Process for Factor 3- Past Performance

The Government will evaluate the relevance and quality of the offeror’s past performance based on the past performance references provided in the offeror’s submission and/or other information obtained from references provided by the offeror. The Government may also use other relevant past performance information obtained from other sources known to the Government in its evaluation. The Government reserves the right to review customer surveys only for those contracts that are deemed by the Government to be most relevant to this procurement. An offeror without a record of past performance or for whom information on relevant past performance is not available will be evaluated as neutral. The past performance evaluation will assess the offeror’s record of providing quality body armor that ensures the SOW requirements were met.

-Factor 3 submissions will be reviewed, evaluated, and assigned a rating as described in the table below:

Adjectival Rating Definition

Exceptional = E

Based on the offeror’s past performance record, performance met contractual requirements and exceeds many to the Government’s benefit. It is highly likely that the offeror will successfully perform the required effort.

Very Good = VG Based on the offeror’s past performance record, performance met contractual requirements and exceeds some to the

Government’s benefit. It is most likely that the offeror will successfully perform the required effort.

Satisfactory = SAT Based on the offeror’s past performance record, performance met contractual requirements. It is likely that the offeror will successfully perform the required effort.

Marginal = M

Based on the offeror’s past performance record, performance did not meet some contractual requirements. It is likely that the offeror will not successfully perform all of the required effort.

Unsatisfactory = U

Based on the offeror’s past performance record, performance did not meet most contractual requirements and recovery was not accomplished in a timely manner. It is highly likely that the offeror will not successfully perform the required effort.

Neutral = N

No relevant performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the offeror, key personnel, or subcontractors. This is neither a negative nor positive assessment.

Evaluation Process for Factor 4- Price.

Price proposals will not be assigned an adjectival rating but will be evaluated with respect to reasonableness and completeness based on the information submitted in the Offeror’s price proposals. IAW FAR 15.404-1, the following price analysis techniques will be used to ensure the proposed prices are fair and reasonable:

Reasonableness. The Government will evaluate the total proposed price for reasonableness inclusive of all the Ordering Periods (Base Period plus all Optional Periods). The Government may utilize one or more of the following methods to evaluate price reasonableness:

• Comparison to other proposals received.

• Comparison/analysis to historical prices paid for similar Level IIIA soft body armor by ICE (via IDIQ and delivery orders).

• Comparison/analysis to competitive published Level IIIA soft body armor pricing lists.

Completeness. The Government’s price evaluation will also assess the accuracy and completeness of the price proposal, which involves verification that:

• All line items are priced in Attachment 3- Pricing Schedule.

• Pricing figures are correctly calculated; and

• Prices/discounts are presented in the adequate format.

For evaluation purposes, the Government will evaluate the total evaluated price for each proposal by combining the proposed pricing for the base period plus all optional periods.

In Attachment 3 to the RFP under “FAR -6 Extension,” the Government provides quantities IAW FAR 52.217-6, Option for Increased Quantity, for a possible 6 months of continued performance that the offeror shall provide. The Government may choose to exercise the Option for Increased Quantity at the end of any performance period (base or optional periods) if the need still exists for the Agency. A fair and reasonable determination will be performed on the proposed pricing for the FAR -6 Extension.

For evaluation purposes, the Government will not include the pricing associated with FAR 52.217-6 (up to an additional 6 months) in the total awarded value at the time of contract award.

VI. FAR PROVISIONS/CLAUSES SECTION:

FAR PROVISIONS Incorporated by Reference:

X 52.204-7, System for Award Management (Oct 2018)

X 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)

X 52.204-17, Ownership or Control of Offeror (Aug 2020)

FAR PROVISIONS IN FULL TEXT:

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation.

As prescribed in 9.108-5(a), insert the following provision:

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations ( 52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-https://www.acquisition.gov/far/9.108-5#FAR_9_108_5 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/9.108-2#FAR_9_108_2 https://www.acquisition.gov/far/9.108-4#FAR_9_108_4

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

As prescribed in 12.301(b)(1), insert the following provision:

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767– 6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 2021)

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See the Evaluation Criteria identified in the RFP https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/part-12#FAR_12_301

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (FEB 2024)

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and…